The Legal Dilemma And Countermeasures Of Urban Management Administrative Punishment Power

The administrative punishment imposed in the urban management field in China is an important measure to regulate urban management.The reform and opening up brings development opportunities.The rapid development of China's cities,but the speed and scale of urban development make the original urban structure and function unsatisfactory.The demand for urban development has led to a series of problems such as illegal construction,environmental pollution,and traffic congestion.In order to solve these problems,China and the 1997 Xuanwu District of Beijing established the first urban management law enforcement department.Since the implementation,the problems of resolving the duties and the long-term law enforcement in China's administrative management have played a very important role in further promoting the administration according to law and accelerating the construction of the rule of law.At the same time,we also noticed that many social contradictions have arisen in the operation,and many legal and institutional problems have not been completely solved.This paper starts with the research and analysis of the basic theory of administrative punishment in the field of urban management.By reviewing the development process of urban management law enforcement in China and the changes brought by the system of relatively centralized punishment to urban management law enforcement,this paper analyzes the problems existing in the current urban management law enforcement,and then Through the study and reference to the experience of urban administrative punishment in different countries and regions,and put forward corresponding countermeasures to improve the administrative punishment of urban management in China,I hope to provide some theoretical solutions for urban management law enforcement on the legalization,regularization and scientific road.The main innovation lies in the view of the administrative punishment power of urban management.Based on the current background of strengthening the reform of administrative management system in China,the administrative punishment power of urban management is discussed from different perspectives.Generally speaking,the establishment and implementation of the administrative punishment power of urban management is conducive to achieving the value balance of "fairness" and "efficiency",is conducive to the establishment of the constitutional spirit of a limited government,and is conducive to the construction of the spirit of administrative law of balance and control.Conducive to the realization of streamlined,unified administrative efficiency.By examining the development process,the current operating mechanism,and the comparison of overseas experience,in general,the administrative punishment power of urban management has its relatively reasonable legal connotation,and it also has a good practical effect.From the perspective of legalization,it challenges the legality of the administrative punishment right of urban management,but in general,the Chinese government considers the source of the power of administrative punishment,the subject of exercise,and the legitimacy of the power acquisition procedure when designing the corresponding system.In the future,it is necessary to further promote special legislation in the field of urban management law enforcement,establish a legal and reasonable urban management law enforcement system,and implement civil servant management of urban management personnel when necessary,so as to strengthen the legal basis for urban management law enforcement.From the perspective of the unified legal system,there is a certain legal conflict in the administrative punishment power of urban management.Therefore,it is necessary to formulate a unified Law on Comprehensive Administrative Law Enforcement of Urban Management,clean up and amend the existing legal norms,and promote the legalization of urban management law enforcement.From the perspective of consistency of power and responsibility,there are conflicts between functions and responsibilities in urban management law enforcement,including the unclear division of urban management functions and the imperfect supervision system.Therefore,it is necessary to further clarify the scope of urban management and adjust the existing supervision system.And perfect.The full text is divided into four parts.The first part is an overview of urban administrative punishment.It mainly introduces the concept,characteristics,effects,general principles of the relatively centralized administrative punishment system in urban management,and the basic experience of urban administrative punishment in other countries and regions.The experience of urban administrative punishment in the UK,Germany,and Hong Kong is summarized and borrowed.The following three chapters are also the key chapters of this article.Starting from the basic principles,combined with the law enforcement practice experience,the paper proposes several solutions to the problems existing in the existing urban management punishment system.